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EXHIBIT "C"
<br />Local Assistance Procedures Manual
<br />I. General
<br />II. Nondiscrimination
<br />III. Non -segregated Facilities
<br />IV. Davis -Bacon and Related Act Provisions
<br />V. Contract Work Hours and Safety Standards Act Provisions
<br />VI. Subletting or Assigning the Contract
<br />VII. Safety: Accident Prevention
<br />Vill. False Statements Concerning Highway Projects
<br />IX. Implementation of Clean Air Act and Federal Water
<br />Pollution Control Act
<br />X. Certification Regarding Debarment, Suspension, Ineligibility
<br />and Voluntary Exclusion
<br />XI. Certification Regarding Use of Contract Funds for Lobbying
<br />XII. Use of United States -Flag Vessels:
<br />ATTACHMENTS
<br />A. Employment and Materials Preference for Appalachian
<br />Development Highway System or Appalachian Local Access
<br />Road Contracts (included in Appalachian contracts only)
<br />L GENERAL
<br />1. Form FHWA-1273 must be physically incorporated in each
<br />construction contract funded under title 23, United States Code,
<br />as required in 23 CFR 633.102(b) (excluding emergency
<br />contracts solely intended for debris removal). The contractor (or
<br />subcontractor) must insert this form in each subcontract and
<br />further require its inclusion in all lower tier subcontracts
<br />(excluding purchase orders, rental agreements and other
<br />agreements for supplies or services). 23 CFR633.102(e).
<br />The applicable requirements of Form FHWA-1273 are
<br />incorporated by reference for work done under any purchase
<br />order, rental agreement or agreement for other services. The
<br />prime contractor shall be responsible for compliance by any
<br />subcontractor, lower -tier subcontractor or service provider. 23
<br />CFR 633.102(e).
<br />Form FHWA-1273 must be included in all Federal -aid design -
<br />build contracts, in all subcontracts and in lower tier subcontracts
<br />(excluding subcontracts for design services, purchase orders,
<br />rental agreements and other agreements for supplies or
<br />services) in accordance with 23 CFR 633.102. The design -
<br />builder shall be responsible for compliance by any
<br />subcontractor, lower -tier subcontractor or service provider.
<br />Contracting agencies may reference Form FHWA-1273 in
<br />solicitation -for -bids or request -for -proposals documents,
<br />however, the Form FHWA-1273 must be physically incorporated
<br />(not referenced) in all contracts, subcontracts and lower -tier
<br />subcontracts (excluding purchase orders, rental agreements and
<br />other agreements for supplies or services related to a
<br />construction contract). 23 CFR 633.102(b).
<br />2. Subject to the applicability criteria noted in the following
<br />sections, these contract provisions shall apply to all work
<br />performed on the contract by the contractor's own organization
<br />and with the assistance of workers under the contractor's
<br />immediate superintendence and to all work performed on the
<br />contract by piecework, station work, or by subcontract. 23 CFR
<br />633.102(d).
<br />Exhibit 12-G
<br />Required Federal -Aid Contract Language
<br />3. A breach of any of the stipulations contained in these
<br />Required Contract Provisions may be sufficient grounds for
<br />withholding of progress payments, withholding of final payment,
<br />termination of the contract, suspension / debarment or any other
<br />action determined to be appropriate by the contracting agency
<br />and FHWA.
<br />4. Selection of Labor: During the performance of this contract,
<br />the contractor shall not use convict labor for any purpose within
<br />the limits of a construction project on a Federal -aid highway
<br />unless it is labor performed by convicts who are on parole,
<br />supervised release, or probation. 23 U.S.C. 114(b).The term
<br />Federal -aid highway does not include roadways functionally
<br />classified as local roads or rural minor collectors. 23 U.S.C.
<br />101(a).
<br />II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
<br />230, Subpart A, Appendix A; EO 11246)
<br />The provisions of this section related to 23 CFR Part 230,
<br />Subpart A, Appendix A are applicable to all Federal -aid
<br />construction contracts and to all related construction
<br />subcontracts of $10,000 or more. The provisions of 23 CFR
<br />Part 230 are not applicable to material supply, engineering,
<br />or architectural service contracts.
<br />In addition, the contractor and all subcontractors must comply
<br />with the following policies: Executive Order 11246, 41 CFR Part
<br />60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504 of the
<br />Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI
<br />of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et
<br />seq.), and related regulations including 49 CFR Parts 21, 26, and
<br />27; and 23 CFR Parts 200, 230, and 633.
<br />The contractor and all subcontractors must comply with: the
<br />requirements of the Equal Opportunity Clause in 41 CFR 60-
<br />1.4(b) and, for all construction contracts exceeding $10,000, the
<br />Standard Federal Equal Employment Opportunity Construction
<br />Contract Specifications in 41 CFR 60-4.3.
<br />Note: The U.S. Department of Labor has exclusive authority to
<br />determine compliance with Executive Order 11246 and the
<br />policies of the Secretary of Labor including 41 CFR Part 60, and
<br />29 CFR Parts 1625-1627. The contracting agency and the
<br />FHWA have the authority and the responsibility to ensure
<br />compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation
<br />Act of 1973, as amended (29 U.S.C. 794), and Title VI of the
<br />Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.),
<br />and related regulations including 49 CFR Parts 21, 26, and 27;
<br />and 23 CFR Parts 200, 230, and 633.
<br />The following provision is adopted from 23 CFR Part 230,
<br />Subpart A, Appendix A, with appropriate revisions to conform to
<br />the U.S. Department of Labor (US DOL) and FHWA
<br />requirements.
<br />Page 10 of 28
<br />August 2022
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